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Intellectual property

TRADEMARK REGISTRATION 

If you decide to start a serious business, you will need to take steps to protect your trademark. It will become the symbol of your company, increase recognition of your service or product, and allow you to grow and scale your business faster. 

Let's say you operate in a highly competitive market, where a dozen different manufacturers are promoting a similar product. Perhaps you're better, more original, or more effective in some way, which is why your loyal customer base is rapidly growing and your business is gaining momentum. In this case, it's time to consider creating and registering a trademark to market your product or service, allowing consumers to easily distinguish your products from those of your competitors.

So, a trademark is a verbal, graphic, or combined mark executed in a single color or a specific color combination, including both the font of the inscription and the style of the image. An entrepreneur can register one or more marks for their product or business—for example, a word or image in black and white and in color, a single word or phrase, an image, or a combination of both—and use any of these options as needed. Incidentally, such a set of marks is called a "trademark series."

Businesses often register three-dimensional trademarks—for example, a specific shape for FMCG packaging. Patent experts advise against this, as it's quite weak in terms of protecting rights and proving non-enforcement. A design patent is designed to protect the original shape and color scheme of a product. This patent protects the shape and color scheme.

Recently, some truly unconventional trademarks have emerged—for example, audio, olfactory, and light marks have already begun to be registered abroad. For example, the leather seating surfaces in Ford Mustangs, manufactured using a special patented technology, have been given the olfactory mark "horse sweat scent."

The terms "trademark," "logo," and "brand" are often used in conjunction with the term "trademark." Many consider them synonymous. In fact, this is not entirely true. In many countries, this term is legally defined as a synonym for "trademark." A logo, however, is usually registered as part of a trademark.

A brand is a much broader concept, encompassing reputation, long-standing history, and (usually) high quality of a product or service. A trademark is just one component of this concept, ensuring easier recognition.

Of course, the decision to register a trademark is up to the entrepreneur; no one obliges them to do so. However, experience shows that it's best not to delay this process. After all, if your competitor obtains the rights to a similar trademark before you, they could steal some of your customers and harm your business. You'll have to start over or simply buy your trademark from someone else.

Therefore, the best option is to file for trademark registration before entering the wider market. This will protect your product or service from competitors, retain loyal customers, increase the overall value of the company or product, and provide the opportunity to franchise to third parties and generate regular income.

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